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MADSEN v. WESTERN AM. MORTG. CO.

No. 1 CA-CIV 6305.

143 Ariz. 614 (1985)

694 P.2d 1228

Walter C. MADSEN, Superintendent of Banks, and State of Arizona, ex rel. Robert K. Corbin, Attorney General, Plaintiffs-Appellants, v. WESTERN AMERICAN MORTGAGE COMPANY, an Arizona corporation; John Does 1-10 and Jane Does 1-10, husbands and wives; ABC Corporations; and XYZ Partnerships, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department D.

January 15, 1985.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Patrick M. Murphy, Chief Counsel, Financial Fraud Division, Stephen A. Avilla, John C. Dutton, Jr., and Karen A. Mullins, Asst. Attys. Gen., Phoenix, for plaintiffs-appellants.

Cook & Newman, Ltd. by Donald J. Newman, Phoenix, for defendants-appellees.

OPINION

CONTRERAS, Judge.

The state appeals from summary judgment that was granted to Western American Mortgage Company (Western American). The trial court held, as a matter of law, that Western American's conduct, including the use of a "conditional" loan commitment letter in mortgage loan transactions, did not amount to a deceptive or misleading act or practice, or fraud, false pretense, false promise or misrepresentation under either the Arizona Consumer...

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